So, setting fire to a building that had people in it at the time could lead to a first-degree arson charge. 20-1.1) Sec. Definitions of misdemeanor arson vary by state, so the defensive options will also vary. Arson is an example of one of those types of conduct. 97-1108, eff. Since arson is charged as a felony, a conviction of this crime will result in the defendant losing his rights to own and possess a gun. As mentioned, arson is the setting of a fire or causing of an explosion combined with another element. There are certain types of arson offenses that are illegal under both federal law and state law. Though the act typically involves buildings, the term arson can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. Non-violent crimes do not State v. Gibson, 42 Or App 575, 600 P2d 962 (1979), Sup Ct review denied. Aggravated Arson. A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. Arson is a Class C felony and carries a potential sentence of 3-15 years in prison and fines up to $10,000. Some states, like Arizona, allow defendants to raise voluntary intoxication, or being drunk, as a defense. California Arson Laws at a Glance The chart below contains specific references to … Considered a serious violent felony, arson is a charge that involves willfully or unlawfully causing damages by fire or by explosion. Frequently, arson is associated with insurance fraud, which is a serious felony. Willful or Malicious Arson. § 14-58. First-degree arson is a felony. Prison terms, based on the circumstances of the crime, are: Malicious arson of personal property: 16 months, 2 years, or 3 years; Malicious arson of a structure or forest land: 2, 4, or 6 years How Serious Is an Arson … 1-1-13.) Are there related offenses? Arson in sec­ond de­gree may be lesser included of­fense under indict­ment for arson in first de­gree of an­oth­er’s protected prop­erty. As previously mentioned, felonies tend to be more violent in nature; however, there are several non-violent felony crimes. 20-1.1. A person convicted in court of a felony becomes labeled a felon. Felony arson is the crime of willful and malicious burning of property, including buildings, structures, vehicles, or parks, forests and preserves, where the value of the property or the amount of the damage caused is over $500. (720 ILCS 5/20-1.1) (from Ch. Crimes considered a felony can include: aggravated assault and/or battery, arson, burglary, domestic violence, drug-related crimes, DUI, fraud, kidnapping, manslaughter, murder, rape, robbery, theft and vandalism. Arson in the first degree. A felony conviction becomes part of your permanent criminal record. Felony crimes also include some of the most serious types of crimes that a person can commit, such as first-degree murder and arson. Arson and Other Burnings. Arson. There are … Residential arson or place of worship arson is a Class 1 felony. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. (Miss. Arson is defined as the willful and malicious burning of the property of another. Beyond Sentencing: Other Consequences of Felony Convictions. Others limit the use of voluntary intoxication for misdemeanor arson charges based on reckless conduct. If less than $500, the offense is a first degree misdemeanor. Arson is a crime of willfully and maliciously setting fire to or charring property. 1. According to § 150.10 of the New York penal law, a person is guilty of arson in the third degree when s/heintentionally damages a building or motor vehicle by starting a fire or causing an explosion. Arson involves setting fire to property intentionally. Arson is a crime that states have divided into different degrees of severity. Arson is a Class 2 felony. According to the National Fire Incident Reporting System, almost 17,000 acts of arson occur annually in the United States, leading to over half a million dollars in property losses each year. Arson laws and penalties vary by jurisdiction. Any felony punishable by death or imprisonment in the state prison for life. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class D felony. Elements of Felony Arson Ref: TCA 39-14-301. In California, willful or malicious arson is always a felony offense punishable by incarceration in the California state prison. In some situations and in some states, arson may only amount to a misdemeanor offense, though felony charges are also possible. Arson is considered a property crime in the state of Kansas. Felony offenses are more serious than misdemeanor offenses, and typically involve significant damage to property or fires set in homes, dwelling places, or buildings with people inside of them. (a) Arson that causes great bodily injury is a felony punishable by … The penalties associated … A person commits first-degree arson if he/she willfully or maliciously sets fire to: 1. a multi-unit building where at least one unit is a dwelling, 2. property and someone is physically hurt as a result, and/or 3. a mine. Prison. An experienced criminal defense attorney can help evaluate the evidence against you and develop a strong defense on your behalf. For this reason, you will need a trial lawyer who has the experience and knows the law. Completed Cita­tions. If you commit arson in violation of federal law, it is not up to you where you will be prosecuted. Arson is a serious criminal charge and a convicted will impact your future for years to come. If the dwelling burned was unoccupied at the time of the burning, the offense is A person may commit this crime for a number of reasons, such as covering up a crime they previously committed or deceiving an insurance company in … Crimes that do not amount to the level of a felony will usually fall into one of two other categories: misdemeanors or citations. State v. Washington, 5 Or App 347, 483 P2d 465 (1971), Sup Ct review denied This is a Class I felony, punishable by up to 3 years and 6 months in prison, a $10,000 fine, or both. An arson conviction can result in a lengthy prison sentence on top of hefty fines and restitution for any property damage. In such cases, a person destroys their own property by burning it and then lie… Most states no longer require that the property damaged or destroyed be a dwelling or even a building, and the knowing burning of personal property without consent or with unlawful intent is generally enough to constitute arson.1 Although arson is generally a felony, many state laws include different degrees of severity depending on the defendant's intent, how the fire or explosion was caused, and whether the fire or explosion resulted in physical injury or death. While in the majority of cases, starting a fire can be charged as a felony, there are situations where your charge can be reduced to a misdemeanor. Search Texas Statutes. Arson in the third degree is a class C felony. A few other crimes, such as felony abuse of a vulnerable person or assistance-program fraud, have five- or six-year limits. There shall be two degrees of arson as defined at the common law. Aggravated Arson. Arson in the first degree is a class A felony. Search by Keyword or Citation; ... An offense under Subsection (a-1) is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense. Arson in the second degree. 7. F. Whoever commits arson when the damage is over twenty thousand dollars ($20,000) is guilty of a second degree felony. Sentences and Fines for Arson Charges Potential sentences are slightly lower in cases of arson to property other than a building. (Source: P.A. A couple of states have a lower charge of state jail felony arson or misdemeanor arson, but for many, third degree arson is the lowest category. Arson in the first degree is the most serious arson charge. You may be charged with first-degree arson if you set fire to occupied property. Even if the crimes of arson or aggravated arson don't apply, a person can still be held criminally liable for unlawfully causing a fire if he or she recklessly sets fire to any structure, forest land or property. Due to fire’s volatile nature and the potential for people to be injured or die, arson is typically classified as a felony rather than a misdemeanor. Insurance fraud occurs when individuals purchase insurance on their homes, vehicles, businesses, or anything insurable, and burn those things to the ground for the insurance money. In some states, arson can be either a misdemeanor or a felony, while in others it’s always a felony. It is considered a violent crime and is treated as a felony in most states. More serious than simple arson, aggravated arson carries much harsher sentences. 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